Lawyer defends Boston 'up skirt' photosAP , Associated Press
Nov. 5, 2013 9:43 AM ET
BOSTON (AP) — The lawyer for a man arrested after allegedly taking cellphone photos up the skirts of women riding the Boston subway has told the state's highest court her client's actions are protected under the First Amendment.
Attorney Michelle Menken told the Supreme Judicial Court on Monday that people "cannot expect privacy" in a public place like the subway.
Her client, 31-year-old Michael Robertson of Andover, was arrested in August 2010.
The Eagle-Tribune (http://bit.ly/1gp1Kwq ) reports that Menken told the justices that peeping Tom laws protect people from being photographed in dressing rooms and bathrooms when nude or partially nude. She says the way the law is written it does not protect clothed people in public areas.
An attorney for the state countered that there is "an understandable expectation" of not being photographed under the skirt.
Information from: Eagle Tribune (North Andover, Mass.), http://www.eagletribune.com